Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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Once a resolution plan is approved u/s 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), only the debts specified in the resolution plan remain payable. This position is binding on the Central Government and various authorities, including tax authorities. All dues not part of the resolution plan stand extinguished, and no proceedings can be initiated or continued for any such claims. No proceedings relating to dues prior to the approval of the resolution plan can be continued or initiated. The stance that if the tax claim amount had not crystallized, it would be future dues and not past dues, is untenable. The continuation of existing proceedings and initiation of new proceedings related to operations prior to the Corporate Insolvency Resolution Process (CIRP) are prohibited after the resolution plan's approval. Consequently, nothing survives regarding the impugned proceedings relating to the period prior to the CIRP's approval. Upon CIRP completion, the corporate debtor begins on a clean slate under new ownership and management.
Once a resolution plan is approved u/s 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), only the debts specified in the resolution plan remain payable. This position is binding on the Central Government and various authorities, including tax authorities. All dues not part of the resolution plan stand extinguished, and no proceedings can be initiated or continued for any such claims. No proceedings relating to dues prior to the approval of the resolution plan can be continued or initiated. The stance that if the tax claim amount had not crystallized, it would be future dues and not past dues, is untenable. The continuation of existing proceedings and initiation of new proceedings related to operations prior to the Corporate Insolvency Resolution Process (CIRP) are prohibited after the resolution plan's approval. Consequently, nothing survives regarding the impugned proceedings relating to the period prior to the CIRP's approval. Upon CIRP completion, the corporate debtor begins on a clean slate under new ownership and management.
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